Equality before the law or equality under the law or legal egalitarianism is the principle under which each individual is subject to the same laws, with no individual or group having special legal privileges. Legal egalitarianism admits no class structures entail separate legal practices. Thus, canon law, star chambers, and aristocracy are alike forbidden, and the testimony of all persons is counted with the same weight. This political development arose in the 18th century in both the United States and France after their revolutionary periods. It was not immediately implemented in either place, with the United States retaining slavery and a distinction between naturalized and natural born citizens (still in place), and France descending into chaos and tyranny under Napoleon.

According to the eminent Austrian economist Friedrich Hayek, equality before the law and material equality are incompatible, arguing that material inequality is a natural consequence of legal equality: "From the fact that people are very different it follows that, if we treat them equally, the result must be inequality in their actual position, and that the only way to place them in an equal position would be to treat them differently. Equality before the law and material equality are therefore not only different but are in conflict with each other; and we can achieve either one or the other, but not both at the same time".[1] It also follows that, "Our argument will be that, though where the same must use coercion for other reasons, it should treat all people alike, the desire of making people more alike in their condition cannot be accepted in a free society as a justification for further and discriminatory coercion."

Professor Amy J. Douglas said, “Government is the main promoter of important public values, such as justice, that are essential to a good society. Without a strong public sector, life in America would be less just, less free, more unequal, and more insecure”. Wealth, Fame and the act of corrupt Politian’s seem to be reason for the demise and fall of our once strong and valued justice system, and the presence of actual justice in today’s society has been bought off. Representatives of our Nation should have had justice brought to them for conducting themselves in such a manner, and should relize that no one is above the law. To have equality in justice must start with the people and stop with the law makers, remembering the pledge of allegiance states “justice for all” and not for those who can afford it. (Curtis)


See also

References

Template:Articles of the Universal Declaration of Human Rights


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